Mithu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 1469 of 2020 Arising Out of PS. Case No.-168 Year-2019 Thana- AANDAR District- Siwan ====================================================== MITHU KUMAR YADAV Son of Manager Yadav Resident of Village - Bhawrajpur, P.S.- Andar, Distt - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Umesh Kumar Mishra, Advocate For the Opposite Party/s :

Ms Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Andar Police Station (for brevity, PS) Case No 168 of 2019 dated 12.10.2019 instituted for the offence punishable under Section (s) 461, 379 of Indian Penal Code.

The petitioner is in custody since 13.10.2019. It is submitted that he has no criminal antecedent and that he is a bona fide purchaser of the mobile which is alleged to have been recovered from the petitioner. Further submission is that the theft of mobile phone and other articles from the shop of the informant is alleged against unknown persons. Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.1469 of 2020(3) dt.20-03-2020 2/2 Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IX, Siwan in connection with Andar PS Case No 168 of 2019 dated 12.10.2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T